Samuel Freeman Miller

“ Nothing is more reasonable, therefore, than that Congress, resorting its high prerogative of requiring a structure which would not only be no substantial or material obstruction to navigation,-words well understood,-but one which would impose no delay in passing it, nor interfere in the slightest possible manner with navigation, should see that equity and justice required compensation for the loss inflicted by this change. ”

“ Nor is such construction of the words 'if any there be' necessary. There were two contingencies in which Congress might have acted, as it did, without incurring any just obligation to make compensation. One of these was that the bridge might not have been built in conformity to the terms of the joint resolution, and in that event the company was in no condition to complain of the action of Congress requiring a change. The act required this fact to be ascertained by the court, and it evidently meant that no damages should be awarded unless it was found that the law was complied with. ”